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Terms and conditions

Last updated: November 2021

1.

Introduction

1.1.  This agreement constitutes the Standard Terms and Conditions (STC) and regulate the terms of use of the Lifedocs Platform.

1.2.  In this agreement, where we use "Us", "We", or ";Lifedocs" we mean Lifedocs (Pty) Ltd and where we make reference to "you", we mean you as the user of the Lifedocs Platform (this includes the Website and Application/App).

1.3.  The STC will be applicable to registered and non-registered users, unless stated otherwise.

1.4.  Use of the Lifedocs Platform is also subject to our privacy policy.

1.5.  By using the Lifedocs Platform, you agree that you have read, understood and regard the STC and privacy policy as binding on you.

2.

Important notice

2.1.  These STC's apply to consumers for purposes of the Consumer Protection Act, 68 of 2008 (the "CPA"), where applicable.

2.2.  These TC's contain provisions that appear in similar text and style to this clause and which -

2.2.1.  may limit our risk or liability;
2.2.2.  may create a risk or a liability for you; and/or
2.2.3.  may compel you to indemnify Lifedocs; and/or
2.2.4.  serves as an acknowledgement, by you, of a fact.

2.3.  You need to take special notice of these specific terms as they are important and should be carefully noted.

2.4.  If there is any provision in these TC's that you do not understand, it is your responsibility to ask Lifedocs to explain it to you before you accept the Terms and Conditions or continue using the Lifedocs Platform.

2.5.  Nothing in these TC's is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, created for either you or Lifedocs in terms of the CPA or any other act or applicable law.

2.6.  Lifedocs permits the use of the Lifedocs Platform subject to these TC's. By using the Lifedocs Platform in any way, you shall be deemed to have accepted all the TC's unconditionally. You must not use the Lifedocs Platform if you do not agree to the TC's.

3.

Registration and the use of the Lifedocs Platform

3.1.  To register as a you, you must provide a unique username and/or email and password and provide certain information and personal details to Lifedocs. You will need to use your unique username and password to access the Lifedocs Platform.

3.2.  You agree and warrant that your username and password will:

3.2.1.  be used for personal use only; and
3.2.2.  not be disclosed by you to any third party.

3.3.  For security purposes you agree to enter the correct username and password whenever using the Lifedocs Platform, failing which you will be denied access.

3.4.  You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will not hold Lifedocs liable for any damage and or loss of whatsoever nature because of the unauthorised use of your log in details.

3.5.  You agree to notify Lifedocs immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

3.6.  You acknowledge that if you create a "Vault" on the Lifedocs Platform of which you are solely responsible for the moderation of content. Lifedocs are not responsible for Vault content moderation and Lifedocs disclaims liability for any damage, loss, or expenses, whether direct, indirect or consequential in nature, arising out of any moderation or lack thereof.

3.7.  By using the Lifedocs Platform you warrant that you are 16 (sixteen) years of age or older and of full legal capacity. If you are under the age of 16 (sixteen) years or if you are not legally permitted to enter into a binding agreement, then you may use the Lifedocs Platform only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these TC's and to be liable and responsible for you and all your obligations under these TC's.

3.8.  You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Lifedocs Platform, whether directly by you or using any software. In addition, you agree to not monitor, copy, distribute or modify the Lifedocs Platform or the information contained therein, without the prior written consent from an authorised Lifedocs representative.

3.9.  You may not in any way display, publish, copy, print, post or otherwise use the Lifedocs Platform and/or the information contained therein without the express prior written consent of an authorised Lifedocs representative.

3.10.  In using Lifedocs, you will not publish, post, upload, distribute or disseminate any profane, defamatory, obscene, indecent, or unlawful topic, name, image, material or information.

3.11.  In using Lifedocs, you will not publish, post, upload, distribute, or disseminate any content that, in the sole judgment of Lifedocs, is objectionable, or which may expose others to any harm.

3.12.  In using Lifedocs, you will not publish, post, upload, distribute, or disseminate any topic, name, material, or information that incites discrimination, hate, or violence towards one person or a group because of their race, gender, sexual orientation, religion, or national origin, or that insults the victims of crimes against humanity by contesting the existence of those crimes.

4.

Consent to obtain personal information

4.1.  You concede that, to provide the services offered on the Lifedocs Platform, it may be necessary for Lifedocs to obtain information of a personal nature, other than information you specifically provide during registration and the use of the Lifedocs Platform.

4.2.  You hereby give Lifedocs the necessary permission in order to access certain third party databases and obtain the information that may be necessary to provide you with the offered services, subject to the conditions stated in the Privacy Policy.

5.

Payments

5.1.  Paystack South Africa Terms and Conditions

Lifedocs is a business in the Information Technology industry that allows app users to store, maintain and share documents.Subject to availability and receipt of payment, requests will be processed within 10 days and delivery confirmed by way in-app notifications and or email and text messages.

The offering on this website is available internationally.

No Refunds are applicable for purchased services.Lifedocs shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).

The PAIA may be downloaded from:
http://www.polity.org.za/attachment.php?aa_id=3569.

Payment options accepted Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Lifedocs bank account, the details of which will be provided on request.

Card transactions will be acquired for Lifedocs via Paystack South Africa (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. Paystack South Africa uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paystack.com to view their security certificate and security policy.

Customer details will be stored by Lifedocs separately from card details which are entered by the client on Paystack South Africa's secure site. For more detail on Paystack South Africa refer to www.paystack.com.

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Purchases will be made in ZAR, and the transactions are processed and settled in ZAR.

Lifedocs takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

This website is governed by the laws of South Africa and Lifedocs chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 13 Monza Close, Kyalami, Gauteng, 1684

Lifedocs may, in its sole discretion, change this agreement or any part thereof at any time without notice.

Company information: This website is run by Lifedocs (Pty) Ltd (sole trader / private company / close corporation) based in South Africa trading as Lifedocs and with registration number 2021/721819/07 and Geoffrey Harmuth (Director), Blessing Jonamu (Director).

Lifedocs Physical Address: 13 Monza Close, Kyalami, Gauteng, 1684

Email: hello@lifedocs.co.za

5.2.  Where we offer you facilities to make payments through the Lifedocs Platform, we do so using a third-party service provider. It is your responsibility to ensure that you have read the terms and conditions and privacy policies of such third parties prior to making payment.

5.3.  In addition to any other indemnity provided for this agreement, you specifically indemnify us from any loss, damage or expense that you may incur by your use of the third-party payment system.

5.4.  Whenever you make payment using a credit card, you warrant that you are the owner of the credit card, alternatively that you have permission from the owner to use the credit card.

6.

Errors

We do not warrant the accuracy or completeness of any third-party content used on the Lifedocs Platform.

7.

Changes to these STC’s

7.1.  Lifedocs may, in its sole discretion, change any of these TC's at any time. It is your responsibility to regularly check these TC's and make sure that you are satisfied with the changes. Should you not be satisfied, you should refrain from using the Lifedocs Platform and de-register as a you.

7.2.  Any such change will only apply to your use of the Lifedocs Platform after the change is displayed on the Lifedocs Platform. If you use the Lifedocs Platform after such amended TC's have been displayed on the Lifedocs Platform, you will be deemed to have accepted such changes.

8.

Electronic communications

When you visit the Lifedocs platform or send emails to us, you consent to receive communications from us or any of our related and inter-related companies and third parties electronically in accordance with our privacy policy

9.

Ownership and copyright

9.1.  The contents of the Lifedocs Platform, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in the Lifedocs Platform ("Lifedocs Platform Content") are protected by law, including but not limited to copyright and trade mark law. The Lifedocs Platform Content is the property of Lifedocs, its advertisers and/or sponsors and/or is licensed to Lifedocs.

9.2.  You will not acquire any right, title or interest in or to the Lifedocs Platform or the Lifedocs Platform Content.

9.3.  Any use, distribution or reproduction of the Lifedocs Platform Content is prohibited unless expressly authorised in terms of these TC's or otherwise provided for in law.

9.4.  Where any of the Lifedocs Platform Content has been licensed to Lifedocs or belongs to any third party, your rights of use will also be subject to any TC's which that licensor or third party imposes from time to time and you agree to comply with such third party TC's.

10.

Disclaimer

10.1.  The use of the Lifedocs Platform is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Lifedocs Platform or reliance on any information on the Lifedocs Platform.

10.2.  Whilst Lifedocs takes reasonable measures to ensure that the content and functioning of the Lifedocs Platform is accurate and complete, Lifedocs makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Lifedocs Platform or as to the accuracy, completeness or reliability of any information on the Lifedocs Platform. If any such representations or warranties are made by Lifedocs' representatives, Lifedocs shall not be bound thereby.

10.3.  Lifedocs disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Lifedocs Platform and/or any content therein unless otherwise provided by law.

10.4.  In addition to the disclaimers contained elsewhere in these TC's, Lifedocs also makes no warranty or representation, whether express or implied, that the information or files available on the Lifedocs Platform are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Lifedocs, its employees, agents or authorised representatives. Lifedocs thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Lifedocs Platform.

11.

Linking to third party platforms

11.1.  The Lifedocs Platform may contain links or references to other Platforms ("Third Party Platforms") which are outside of our control, including those of advertisers. These TC's do not apply to those Third Party Platforms and Lifedocs is not responsible for the practices and/or privacy policies of those Third Party Platforms or the "cookies" that those sites may use.

11.2.  Notwithstanding the fact that the Lifedocs Platform may refer to or provide links to Third Party Platforms, your use of such Third Party Platforms is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Platforms or your reliance on any information contained thereon.

12.

Limitation of liability

12.1.  Lifedocs shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the Lifedocs Platform or the content contained in the Lifedocs Platform; or your inability to use the Lifedocs Platform, and/or unlawful activity on the Lifedocs Platform and/or any linked Third Party Platforms.

12.2.  You hereby indemnify Lifedocs against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of the Lifedocs Platform and/or any Third Party Platforms.

13.

Availability and termination

13.1.  We will use reasonable endeavours to maintain the availability of the Lifedocs Platform, except during scheduled maintenance periods, and are entitled to discontinue providing the Lifedocs Platform or any part thereof with or without notice to you.

13.2.  Lifedocs may in its sole discretion terminate, suspend and modify the Lifedocs Platform, with or without notice to you. You agree that Lifedocs will not be liable to you if it chooses to suspend, modify or terminate the Lifedocs Platform other than for processing any transactions made by you prior to such time, to the extent possible.

13.3.  If you fail to comply with your obligations under these TC's, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Lifedocs Platform without any prejudice to any claims for damages or otherwise that we may have against you.

13.4.  At any time, you can choose to stop using the Lifedocs Platform, with or without notice to Lifedocs.

14.

Governing law and jurisdiction

14.1.  These TC's and our relationship and/or any dispute arising from or in connection with these TC's shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Lifedocs Platform will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these TC's.

14.2.  Nothing in this clause or the TC's limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

15.

Information

15.1.  For the purposes of the ECT Act, Lifedocs' information is as follows, which should be read in conjunction with its product descriptions and other TC's contained on the Lifedocs Platform:

15.1.1.  Full name: Lifedocs (Pty) Ltd

15.1.2.  Main business: Lifedocs provides a digital platform for members to create, store and distribute digital files.

15.1.3.  Physical address for receipt of legal service (also postal and street address): 13 Monza Close, Kyalami Park, Midrand, South Africa.

15.1.4.  Office bearers: Geoffrey Harmuth and Blessing Jonamu.

15.1.6.  Email address: info@Lifedocs.co.za

15.1.7.  PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be requested by contacting the office bearers by the email address provided for above.

16.

General

16.1.  Lifedocs may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Lifedocs Platform or the your right to use the Lifedocs Platform or any of its contents subject to us processing any orders then already made by you.

16.2.  You may not cede, assign or otherwise transfer your rights and obligations in terms of these TC's to any third party.

16.3.  Any failure on the part of you or Lifedocs to enforce any right in terms hereof shall not constitute a waiver of that right.

16.4.  If any term or condition contained herein is declared invalid, the remaining TC's will remain in full force and effect.

16.5.  No variation, addition, deletion, or agreed cancellation of the TC's will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

16.6.  No indulgence, extension of time, relaxation or latitude which any party (the "grantor") may show grant or allow to the other (the "grantee") shall constitute a waiver by the grantor of any of the granor's rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

16.7.  These TC's contain the whole agreement between you and Lifedocs and no other warranty or undertaking is valid, unless contained in this document between the parties.